Index to Smithlaw FTP Site

29,000K Constancy of Accusation Brief

July 1998. Plaintiff's memorandum of law in support of the admission of prior consistent statements and "constancy of accusation" evidence in a civil child sexual abuse case. Principally addresses Connecticut law issues.

19,794K Fed Limine re Sex Hx.doc

March 1996. Plaintiff's motion in limine in a Federal sexual abuse case to preclude evidence of the Plaintiff's consensual sexual activity, applying Federal Rule 412 and arguing the policy and legislative intent underlying the Rule.

133,314 Federal Charge Request.doc

June 1996. A joint request to charge in a sexual abuse case under the CT Local Rules which requires that charges be filed jointly, with all objections and counter requests filed in one document.

21,724 Federal Charge Supp.doc

June 1996. Plaintiff's supplement to the Federal Charge Request. Objections and arguments that were filed separately due to a defense objection.

11,264 Federal John Doe Motion.doc

Federal court motion to proceed in fictitious name.

34,035K Intracorporate conspiracy.doc

April 1996. Plaintiff's brief in opposition to a motion for summary judgment based upon the intracorporate conspiracy immunity doctrine as to civil conspiracy claims against alleged co-conspirators in a Federal sexual abuse case. But see J. P. Medgansis v. Bridgeport Roman Catholic Diocesan Corporation, No. CV 96335983, 1997 WL 219829 (Conn.Super.) (April 24, 1997); See v. Bridgeport Roman Catholic Diocesan Corporation, Nos. CV 930302072S, CV 940316574S, CV940316574S, CV 930300948S, CV95-0320239S, CV 950320239S, CV 94-0316574S, CV950320239S, 1997 WL 466498 (Conn.Super.) (July 31, 1997).

13,518K Laches Brief.doc

June 1996. A briefette supporting a motion to strike a special defense of laches as to the late filing of a claim of childhood sexual abuse within the 17-year statutory limitations period.

16,867 Limine Motion Sexual Hx.doc

October 1996. Plaintiff's motion and brief in limine in State court sexual abuse case to preclude the admission of any evidence of the Plaintiff's consensual sexual history and therapeutic abortion.

95,232 Limine Various Federal.doc

March 1996. Plaintiff's motion and brief in limine in a federal sexual abuse case. The brief argues (1) that evidence of other victims should be admissible at trial under the Federal Rules of Evidence (2) that the Plaintiff should be allowed to conduct a Rule 35 examination of the Defendant because he put his mental condition in controversy by designating experts who would testify that the Defendant was "not a pedophile."

145,259k Mullen App Ct Brief.doc

1995. Plaintiff's brief to CT Appellate Court on issue of whether the R.C. ecclesiastical corporation could be liable in respondeat superior for the sexual abuse of a priest in pastoral counseling. Court held that a valid jury question as to whether the abuse arose out of a "misguided" counseling effort was presented and reversed the trial court's entry of summary judgment.

65,051k Mullen App Ct Reply Brief.doc

April 1996. Plaintiff's reply brief in Mullen v. Horton.

63,000k  Other victim brief.docDocuments/Other_Victim_Evidence.doc

July 1998. Memorandum, citing Connecticut, other states' and Federal law, in support of admitting the testimony of other victims of the same perpetrator for the purpose of showing motive, intent, common scheme, absence of mistake or for corroborating the plaintiff victim in a civil childhood sexual abuse case.

            61,000K Other victim II Reply Brief.doc

94,208 Request to Charge.doc

October 1996. Plaintiff's request to charge based on CT law in a childhood sexual abuse case.

110,000 Scientific Evidence.doc

July 1998. Daubert motion to exclude evidence of penile plethysmography, psychological profiles, inventories and other "not a pedophile" character and opinion evidence offered on behalf of a defendant in a civil child sexual abuse case.

42,496 Scope of Expert Testimony.doc

October 1996. Plaintiff's trial brief on the issue of the nature and scope of expert testimony in a child sexual abuse case, admissibility of "profile" evidence, non-admissibility of testimony on credibility of victim's allegations, etc. Applying Connecticut law.

13,050 State Jane Doe Motion.doc

Motion, with state law authorities, requesting that the court issue a protective order that the case proceed in "fictitious name." See also Doe v. Diocese of Bridgeport, 647 A.2d 1067, 43 Conn. Supp. 152 (Sup. Ct. 1994).

16,439 Statute of Lim Brief.doc

June 1996. A briefette on the Connecticut Statute of Limitations for survivors of childhood sexual abuse, 52-577d.